Northern Ireland: Restoring Devolution

To ask the Secretary of State for Northern Ireland to make a statement on progress towards restoring devolution in the light of today’s extension of the period in which the legal duty to call an Assembly election is removed under section 2 of the Northern Ireland (Executive Formation etc) Act 2019.

The period for Executive formation under the terms of the Northern Ireland (Executive Formation and Exercise of Functions) Act 2018 is due to expire at the end of today, Monday 21 October, so I have laid before Parliament a statutory instrument to extend the period for Executive formation to 13 January 2020. That has the effect of ensuring that Northern Ireland Departments can continue to make decisions in accordance with the Act in the absence of Executive Ministers. Colleagues should be clear that the Act only provides guidance to the Northern Ireland civil service and is no substitute for everyday political decision making.

In reflecting on hundreds of interactions I have had with public sector workers, voluntary workers and members of the public, I understand that this continued absence is a huge disappointment. This extension also delays the legal obligation on me to call an Assembly election, but does not prevent me from calling an Assembly election at any time. The political parties have not reached an agreement to get Stormont back up and running, but extending this legal deadline has no bearing on my continuing efforts to restore the Executive.

As a result, from tomorrow, in relation to abortion law in Northern Ireland, sections 58 and 59 of the Offences Against the Person Act 1861 are repealed, and there will be, in addition, a moratorium on criminal prosecutions. A new legal framework for lawful access to abortion services in Northern Ireland will be put in place by 31 March 2020 in line with the 2018 UN convention on the elimination of all forms of discrimination against women report. I will be consulting on the new framework very soon.

On same-sex marriage and opposite-sex civil partnerships, regulations are to be made no later than 13 January 2020. There are two key areas on which we will consult: how to allow for religious same-sex marriage ceremonies; and the issue of conversion from civil partnership to marriage and vice versa. So that we can tailor the regulations appropriately, there will be a short consultation on these two issues before we introduce religious same-sex marriage in Northern Ireland. This will not detract from the regulations by 13 January 2020, providing for civil same-sex marriages and opposite-sex civil partnerships. The first civil same-sex marriages will take place in the week of Valentine’s day 2020.

May I begin, Mr Speaker, by thanking you for granting this very important urgent question? Both the number and the importance of the issues that the Secretary of State has already raised with the House indicates how important it is that we have regular dialogue on Northern Ireland, but let me say to Government business managers that that has not been forthcoming at the level that we expect.

May I ask the Secretary of State a number of very specific questions? Brexit, according to the Chancellor of the Duchy of Lancaster, may still result in our crashing out of Europe. Is the Secretary of State certain that he has, already in preparation, the necessary legislative changes to bring before this House in the event of that no-deal Brexit? Even if we have a Brexit deal, is the Secretary of State satisfied that the Northern Ireland civil service, under the legislation that exists, has the necessary authority to make the very difficult decisions that it, and indeed other agencies, may have to make as we move through that Brexit process?

In particular, can the Secretary of State assure the House that the Police Service of Northern Ireland has the resources that it needs in the event of any form of civic disturbance? I do not want to emphasise what kind of disturbance there could be, but we may face a period of prolonged public unrest. Does the PSNI have the resources and the capacity to play that role? Will he also rule out any idea, as we have had in the past, of recommitting the Army to Northern Ireland?

The Secretary of State mentioned the important issues of abortion and same-sex marriage. If Stormont returns in the period between now and 13 January, will he work with Stormont to ensure that we have an acceptable solution? Given that post 1 April Stormont will have the capacity to alter any such law, will he ensure that Stormont and his Department work together to ensure that there is safe and legal abortion for the women of Northern Ireland in Northern Ireland, and that same-sex marriage can take place in Northern Ireland?

I have been very clear that no deal is not a good situation for the United Kingdom, particularly for Northern Ireland. Now that the Prime Minister has secured a deal, I hope that we can focus on getting it over the line.

I pay tribute to the Northern Ireland civil service. They have been the most dedicated civil servants, pushing forward across a range of areas without political decision making. They do have some powers and political decision guidance under the Act, but these are inadequate; we need to get Stormont back up and running to ensure that they have the political direction they need.

On the Police Service of Northern Ireland and security, the Government have additionally invested nearly £20 million and stand ready to continue to support the PSNI financially. I am obviously responsible for security, and this is a sensitive period with police officers under threat day in, day out, but I am comforted that the PSNI is well resourced and is doing an exceptional job. I will keep the situation monitored and keep in touch with the shadow Secretary of State in that regard. On the question of the Army, I do not see the need in any circumstance for the British Army to operate in the way in which the hon. Gentleman describes. The PSNI and our security services are fulfilling all the functions in an exceptional manner.

On abortion and same-sex marriage, there is clearly concern about how the Assembly can have an influence now that the law is changing. It can have an influence, but we need to be clear that, from tomorrow, the law will have changed across those two areas. Obviously we will hear the views of and work with the Assembly, but the law will change from tomorrow.

The consequences of Stormont not getting back up and running are too profound to consider; we have to get this institution back up and running. Powers from Westminster would involve working with Dublin and a whole range of issues that we should not be having to address. The men and women who worked so hard for peace in Northern Ireland need us to—and continue to remind us that we have to—get Stormont back up and running. I will be working, as I have been over the summer, with the Irish Government to get this crucial institution running again.

Order. We will continue with the exchanges on the urgent question in a moment. Nominations closed at 5 o’clock this afternoon for candidates for the post of Chair of the Backbench Business Committee. One nomination has been received. A ballot will therefore not be held. I congratulate, and I hope the House will join me in congratulating, the hon. Member for Gateshead (Ian Mearns) on his re-election as Chair of the Backbench Business Committee. The assiduity and public-spiritedness of the hon. Gentleman are renowned throughout the House. Thank you.

Four nominations were received for the post of Chair of the Treasury Committee, and a ballot will be held between 10 am and 1.30 pm on 23 October in Committee Room 15.

I call the Chair of the Northern Ireland Affairs Committee, Simon Hoare.

Thank you, Mr Speaker.

The people of Northern Ireland clearly want to see Stormont back up and running because they are seeing their health, their education and their welfare suffer. By making this extension, the Secretary of State has provided a window that could possibly see this House overcome the hurdle that seems insurmountable for the parties in Northern Ireland, and that is to legislate for the Irish Language Act, thereby taking it out of the debate between the principal parties in Northern Ireland and removing the hurdle that is the roadblock—I am sorry for mixing my metaphors—to getting Stormont back up and running.

The Irish Language Act is one of a number of issues that are being discussed in the talks process. I would say again that the most important and the best way to resolve these issues is through the Stormont talks. I will continue to work at pace with the Tánaiste to ensure that we encourage parties to come back together and get back into an Executive.

There are three statements to follow, so we do need to expedite progress. Gavin Newlands can lead us in that mission.

Thank you, Mr Speaker.

Stormont and, more importantly, the people of Northern Ireland have now been without a functioning Executive for over 1,000 days. The Government’s report on Executive formation stated:

“The UK Government, working closely with the Irish Government…will now intensify our efforts to put forward compromise solutions to the parties.”

There are no formal talks between the parties at the moment. I fully accept that the Government cannot bind the hands of the parties involved, but if there are no current talks, what exactly did the Government mean by intensifying their efforts, and when will fresh party talks take place?

The Government’s reckless Brexit policy and their agreement with the DUP have severely undermined the delicate balance of relationships that built and sustained the Good Friday agreement. Given the breakdown in the Government’s relationship with the DUP, does the Secretary of State envisage that this will have an impact on efforts to restore the Assembly and the Executive?

The Government have confirmed that the imposition of direct rule is being considered. This is deeply disappointing. It is clear that devolved decisions are best made by the elected politicians of Northern Ireland. I urge them to get back round the table and to get back to work.

Since taking on this job, I have been meeting the parties almost on a weekly basis, but, as the hon. Gentleman acknowledged, this is an issue for the five parties. It is ultimately up to those parties to come together, and both the Irish Government and the British Government stand ready with ideas and thoughts in order to make that happen.

On the relationship between the Government and the DUP, my responsibilities are for all parties in Northern Ireland, but I have a good relationship with the DUP. I will continue to support the Union to the best of my ability, along with all Members of this House. On the issue of direct rule, I could not have been clearer that Stormont and local decision making is my priority and the best way, in my view, for Northern Ireland to move forward.

I totally sympathise with the Secretary of State and his predecessor, who have time and again come to this Chamber to say, “We want to see the institutions up and running,” which we all do. We see today, with the meeting breaking up in disarray in less than an hour, the task that faces him. At the same time, we see outcomes of public services in Northern Ireland falling behind the rest of UK. We in this Chamber have a responsibility to all citizens across the UK. The hon. Member for Rochdale (Tony Lloyd) rightly said that direct rule is the most unattractive option, but we have a responsibility to see good services delivered. What steps is the Secretary of State taking to prepare to take more power into his own hands, to ensure that the citizens of Northern Ireland get the services they deserve?

We are prepared for all eventualities. On the issue of the all-party talks, I genuinely believe that, whether it is Sinn Féin or the DUP, we are not too far away. We have to do everything we can to encourage parties to come together, in the best interests of Northern Ireland, to secure an Executive.